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11 Jan 2024, 12:45 am by Tristan Marot
In December 2023, the Supreme Court of the United Kingdom held that an AI cannot be an inventor under the UK Patents Act of 1977, and accordingly patents cannot be granted for inventions derived by AI. [read post]
When the United States Constitution was ratified in 1788, it included what’s now known as the Intellectual Property Clause, and for centuries the ostensible driver of patent law has been to foster innovation. [read post]
9 Jan 2024, 8:00 am by Nathan Mannebach (US)
Recently, the United States Patent and Trademark Office (“USPTO”) asked the Federal Circuit to reissue its opinion as precedential to “provide guidance and certainty to future applicants regarding the statutory basis for the failure-to-function refusal and its parameters, as well as the evidence relevant to that analysis” and to “reduce the probability of subsequent litigation over the same question. [read post]
9 Jan 2024, 8:00 am by Nathan Mannebach (US)
Recently, the United States Patent and Trademark Office (“USPTO”) asked the Federal Circuit to reissue its opinion as precedential to “provide guidance and certainty to future applicants regarding the statutory basis for the failure-to-function refusal and its parameters, as well as the evidence relevant to that analysis” and to “reduce the probability of subsequent litigation over the same question. [read post]
9 Jan 2024, 4:15 am by Stephen McBride
As we enter 2024, major policy initiatives are pending at the United States Patent and Trademark Office (USPTO) and in Congress aimed at overhauling certain aspects of Patent Trial and Appeal Board (PTAB) practice. [read post]
9 Jan 2024, 4:15 am by Stephen McBride
As we enter 2024, major policy initiatives are pending at the United States Patent and Trademark Office (USPTO) and in Congress aimed at overhauling certain aspects of Patent Trial and Appeal Board (PTAB) practice. [read post]
8 Jan 2024, 6:00 am by Bruce Hoffman
Indeed, the very history of federal law enforcement and justice in the United States should inspire optimism. [read post]
5 Jan 2024, 6:06 am by Samuel Issacharoff
Leaving aside the interpretive debate on whether the President and Vice President are in fact “officers of the United States” as that term has been understood, the prohibition is an odd one outside of the obvious context of the Civil War. [read post]
2 Jan 2024, 12:59 pm by Holly
A patent infringement action under Section 337 requires a complainant to prove that: (1) products are being imported into the United States that “infringe a valid and enforceable United States patent,”[9] and (2) “an industry in the United States, relating to the articles protected by the patent . . . exists or is in the process of being established. [read post]
2 Jan 2024, 12:56 pm by Kevin LaCroix
The directors’ and officers’ liability environment is always changing, but 2023 was a particularly eventful year, with important consequences for the D&O insurance marketplace. [read post]
31 Dec 2023, 4:29 pm by Thomas James
They do not extend to infringement occurring solely outside of the United States, even if consumer confusion occurs in the United States. [read post]
24 Dec 2023, 9:05 pm by The Regulatory Review
Nelson, Harvard Law School Businesses in the United States are increasingly supporting regulation and regulators against judicial decisions curtailing agency authority. [read post]
20 Dec 2023, 1:27 pm by Matt Miller, Registered Patent Attorney
In addition to placing copyright notice on a work, copyright owners should also file an application for copyright with the United States Copyright Office. [read post]
20 Dec 2023, 12:34 pm by Lisa Larrimore Ouellette
The first blog in the series is here, and resources from the first conference of the initiative are available here.The ongoing reckonings with systemic racism and sexism in the United States might seem, on first glance, to have little to do with patent law. [read post]
20 Dec 2023, 12:30 pm by Jason Rantanen
The ongoing reckonings with systemic racism and sexism in the United States might seem, on first glance, to have little to do with patent law. [read post]
20 Dec 2023, 9:09 am by Matt Miller, Registered Patent Attorney
Taking your invention from an idea to a United States patent can be a complicated process. [read post]